AC 10179; (March, 2014) (Digest)
G.R. No. A.C. No. 10179 March 4, 2014
BENJAMIN Q. ONG, Complainant, vs. ATTY. WILLIAM F. DELOS SANTOS, Respondent.
FACTS
Complainant Benjamin Ong was introduced to respondent Atty. William F. Delos Santos by a sheriff. After becoming friends, Atty. Delos Santos asked Ong to encash his postdated check, assuring him of his financial stability due to his lucrative law practice. On January 29, 2008, Ong gave Atty. Delos Santos P100,000.00 in exchange for Metrobank Check No. 0110268 postdated February 29, 2008. The check was dishonored upon presentment because the account was closed. Ong demanded payment to no avail. He filed a criminal complaint for estafa and violation of Batas Pambansa Blg. 22 and a disbarment complaint with the Integrated Bar of the Philippines (IBP). Atty. Delos Santos did not file an answer to the disbarment complaint. The IBP Board of Governors adopted the Investigating Commissioner’s recommendation, finding Atty. Delos Santos liable for violating the Code of Professional Responsibility and suspending him from the practice of law for three years and ordering him to return the P100,000.00.
ISSUE
Whether Atty. William F. Delos Santos violated Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of Professional Responsibility by issuing a worthless check.
RULING
Yes. The Supreme Court pronounced Atty. William F. Delos Santos GUILTY of violating the Lawyer’s Oath, Canon 1, Rule 1.01, and Canon 7, Rule 7.03 of the Code of Professional Responsibility. The Court agreed with the IBP’s findings but modified the penalty. A lawyer’s issuance of a worthless check constitutes gross misconduct as it breaches the oath to obey the laws and the canons requiring a lawyer to uphold the law and avoid deceitful conduct. Such an act erodes public confidence in the legal profession. Considering the mitigating circumstances that the criminal complaint for violation of B.P. Blg. 22 had been dismissed and that Atty. Delos Santos had repaid the P100,000.00, the Court reduced the penalty from three years to a SUSPENSION FROM THE PRACTICE OF LAW FOR A PERIOD OF SIX MONTHS, effective from notice, with a stern warning for any future infraction.